11.2.3 The extent to which the balance of power between Parliament and the Executive has changed.

The Changing Balance of Power Between Parliament and the Executive

Historical Context:

• Traditionally, the balance of power has often favoured the executive, especially when the government has a strong majority in the House of Commons.

• However, several developments and reforms in recent years have altered this balance, sometimes shifting power towards Parliament.

Reforms Strengthening Parliamentary Power:

• Select Committee Reforms (2010):

• This change has empowered Parliament to more effectively scrutinize government actions, as select committees can now operate with greater autonomy from the executive.
• Backbench Business Committee (2010):
  • The creation of the Backbench Business Committee has allowed MPs to set the agenda for parliamentary debate on certain days, providing a platform for issues that the government might otherwise avoid.
  • This has given Parliament greater influence over what is discussed and has increased opportunities for backbench MPs to hold the government to account.

Challenges to Executive Dominance:

• Minority and Coalition Governments:

• Brexit and Parliamentary Rebellion:
  • The Brexit process (2016-2020) demonstrated a significant shift in the balance of power. Parliament asserted itself by rejecting Theresa May's Brexit deal multiple times and by passing legislation to prevent a no-deal Brexit. The executive found itself constrained by parliamentary opposition, illustrating how Parliament can check the government when there is significant internal and external division.
• Judicial Intervention:
  • The judiciary has also played a role in rebalancing power. For instance, the Supreme Court's ruling in 2019 that Boris Johnson's prorogation of Parliament was unlawful marked a significant moment where the judiciary intervened to uphold parliamentary sovereignty, reinforcing the checks on executive power.

Persistent Executive Powers:

• Royal Prerogative Powers:
  • Despite these changes, the executive retains considerable powers under the royal prerogative, including the ability to conduct foreign policy, deploy the military, and grant honors without needing Parliament's approval. These powers allow the executive to act with significant autonomy in key areas of governance.
• Control Over Legislation:
  • The government continues to control the legislative timetable and the allocation of parliamentary time, ensuring that its legislative priorities are given precedence. Additionally, the use of secondary legislation allows the executive to make legal changes with limited parliamentary oversight.
• Whipping System and Party Discipline:
  • The government still relies on the whipping system to enforce party discipline, which remains a powerful tool for ensuring that MPs vote in line with government policy. However, its effectiveness can be diminished in times of internal party conflict or when the government has a slim majority.

House of Lords Influence:

Recent Trends:

• Increased Assertiveness of Parliament:
  • In recent years, Parliament has become more assertive in areas such as Brexit and military interventions, reflecting a growing willingness to challenge the executive. The use of parliamentary mechanisms, such as opposition days, urgent questions, and emergency debates, has become more frequent, indicating a shift towards greater parliamentary activism.
• Political and Public Expectations:
  • There is also a growing expectation from the public and within Parliament that the government should be held more accountable, particularly on issues of national importance. This cultural shift has contributed to a more balanced relationship between Parliament and the executive, where Parliament is increasingly seen as a necessary check on executive power.

Conclusion:

While the executive still holds significant power, the balance between Parliament and the executive has shifted in recent years towards a more balanced relationship. Reforms to parliamentary procedures, the dynamics of minority governments, judicial interventions, and a more assertive House of Lords have all contributed to this shift. However, the extent of parliamentary power can fluctuate depending on the political context, the size of the government's majority, and the effectiveness of party discipline. This evolving balance reflects the dynamic nature of the UK's political system, where power is continually negotiated between the branches of government.